F4 and CSPA

[Moeen 0]

13 minutes ago, aaron2020 said:

Most likely he is eligible since you can pay for him.  However, no one can tell you for sure since you do not know when the I-130 was approved.  Your sister should have received the approval letter. 

 

The approval letter would have said the I-130 was approved and the case would be sent to the National Visa Center (NVC).

Well when i filed in march,2006 i received a letter in June,2006 from the NVC (not the USCIS)that stated that no visa numbers were available and not to contact the department as they will contact us and that our case will be kept on file until further action is needed. It also mentioned our priority date and case number as well as advice not to sell any property. Was this the approval letter? I have no clue at this point.

[aaron2020 11,651]

6 minutes ago, Moeen said:

Well when i filed in march,2006 i received a letter in June,2006 from the NVC (not the USCIS)that stated that no visa numbers were available and not to contact the department as they will contact us and that our case will be kept on file until further action is needed. It also mentioned our priority date and case number as well as advice not to sell any property. Was this the approval letter? I have no clue at this point.

I have no clue. 

Furthermore, there is nothing for the beneficiary to file until the PD becomes current.  If you are the beneficiary, you would only file the DS-260 once the immigration visa fees have been paid.

[SusieQQQ 11,587]

1 hour ago, Moeen said:

Well when i filed in march,2006 i received a letter in June,2006 from the NVC (not the USCIS)that stated that no visa numbers were available and not to contact the department as they will contact us and that our case will be kept on file until further action is needed. It also mentioned our priority date and case number as well as advice not to sell any property. Was this the approval letter? I have no clue at this point.

To properly determine someone’s CSPA age/eligibility, you need to know all of:

1, priority date

2, approval date

3. Date of birth of derivative

4. Date visa is available (= month when priority date becomes current)

 

you say “when I filed” but do you mean when your sibling filed the I130 for you? 

Edited January 23, 2019 by SusieQQQ

[Moeen 0]

20 hours ago, SusieQQQ said:

To properly determine someone’s CSPA age/eligibility, you need to know all of:

1, priority date

2, approval date

3. Date of birth of derivative

4. Date visa is available (= month when priority date becomes current)

 

you say “when I filed” but do you mean when your sibling filed the I130 for you? 

yes i mean when my sibling filed for me. The real question i really care about is whether my son gets a visa too? As his name is mentioned in our account page on the ceac/gov site with the option of accompany/follow to join. There is also a (pay now) in front of his name ,which when i click, asks me to pay 325$ for him and the same amount for my husband and I. Does this mean he will be granted the visa with me?

[SusieQQQ 11,587]

1 hour ago, Moeen said:

yes i mean when my sibling filed for me. The real question i really care about is whether my son gets a visa too? As his name is mentioned in our account page on the ceac/gov site with the option of accompany/follow to join. There is also a (pay now) in front of his name ,which when i click, asks me to pay 325$ for him and the same amount for my husband and I. Does this mean he will be granted the visa with me?

No, it doesn’t necessarily mean that, if his age is close to cut off.  As I already said, we can’t answer the question of whether he is eligible because we don’t have all the information. You do. Look up a CSPA calculator online and input all the relevant dates.

[Moeen 0]

Is the approval date the date when you recieve the i 797 notice or the date you get the welcome letter from the NVC asking for your documents because on the i 797 my case was approved on june 20th 2006 but then i got the nvc welcome letter on jan 18th 2019?

Having said that i got a notice from the nvc a few days after the i 797 saying that no visas were available and that i would be notified if anything changed.

Edited January 24, 2019 by Moeen

[Moeen 0]

hi guys i am very confused about something hope you guys can help.

I recently got the nvc welcome letter regarding a F4 visa filed by my sister and thought that it wouldnt contain the name of my 25 year old son who has aged out. When i opened my account with the case number and id number that the nvc provided i saw that my sons name was mentioned with them asking me to pay his fees(325$) and start his application after payment. I was wondering whether this meant that my son would be able to give the interview and immigrate with me or not?? Furthermore if he is not eligible to immigrate with me why are the asking for his fees? Should i not pay the fees as he is aged out?

Edited February 2, 2019 by Moeen

[SzSz 2]

Hi SusieQQQ, thank you for great input related to CSPA on these forums. In searching applicability of CSPA on F4 derivative cases I came across  June 2014 Court decision. In reading different articles it appears to me that CSPA is not applicable to F4 derivatives. What is your understanding of it or maybe if you can put it in simple language for us?

[SusieQQQ 11,587]

3 minutes ago, SzSz said:

Hi SusieQQQ, thank you for great input related to CSPA on these forums. In searching applicability of CSPA on F4 derivative cases I came across  June 2014 Court decision. In reading different articles it appears to me that CSPA is not applicable to F4 derivatives. What is your understanding of it or maybe if you can put it in simple language for us?

Not sure what that court decision was but it’s clearly been overturned. In simple language, CSPA is applicable to all qualifying derivatives.( that is - not married) . Simple enough?  

 

From the uscis manual: https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-7

 

CSPA applies only to those aliens specified in the statute:

Immediate relatives (IRs);

Family-sponsored preference principals and derivatives;

Violence Against Women Act (VAWA) self-petitioners and derivatives;[4]

Employment-based preference derivatives;[5]

Diversity immigrant visa (DV) derivatives;

Derivative refugees;[6] and

Derivative asylees.

[SzSz 2]

12 minutes ago, SusieQQQ said:

Not sure what that court decision was but it’s clearly been overturned. In simple language, CSPA is applicable to all qualifying derivatives.( that is - not married) . Simple enough?  

 

From the uscis manual: https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-7

 

CSPA applies only to those aliens specified in the statute:

Immediate relatives (IRs);

Family-sponsored preference principals and derivatives;

Violence Against Women Act (VAWA) self-petitioners and derivatives;[4]

Employment-based preference derivatives;[5]

Diversity immigrant visa (DV) derivatives;

Derivative refugees;[6] and

Derivative asylees.

Under which categories mentioned above would be F4 derivatives?

 

And here are a few links discussing June 2014 court judgment:

https://gradyfirm.wordpress.com/2014/06/16/u-s-supreme-court-ruling-requires-many-children-to-restart-the-immigration-process-when-they-turn-21/#:~:text=In a divided 5-4,time for an immigrant visa.

 

https://www.visalawyerblog.com/supreme-court-rules-children-turn-21-must-restart-immigration-process/

 

The reason I want to know is that I have also petitioned for my siblings and their children. Want to understand which law is in effect currently.

Edited January 28, 2021 by SzSz

[SusieQQQ 11,587]

16 minutes ago, SzSz said:

Under which categories mentioned above would be F4 derivatives?

The one I bolded for you ....

 

Tbh, I’m not going to waste time reading a case that is clearly not applicable. Go through the forums, we have had plenty of F4 derivatives qualify. Feel free to ask a lawyer to confirm. Of course even with CSPA there is still the chance to age out. It depends on the particular birth dates and dates of petition, approval and current priority date in each case. The link to the manual I gave you above has a section on how to do the calculation. 
 

 

 

 

Edited January 28, 2021 by SusieQQQ

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